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  1. #1

    Post Will Submitting a Letter of Resignation with a Future Date Protect Employee Benefits

    My question involves labor and employment law for the state of: Michigan

    I have a bit of a complicated situation. My husband was offered a job in a different state that will start in mid-July so my employer has known that I have an end-date fast approaching. I'm also 8 months pregnant and I receive excellent health insurance through my employer. I qualify for FMLA, which I would like to use to cover the birth and until my husband begins his new job. Because my employer knows I will be moving and not returning to my position, she would like me to submit a letter of resignation with a future date (mid-July) so she can interview and fill my position.

    I am wondering whether if by submitting this letter my benefits will be in jeopardy. Both my manager and my HR reps have assured me verbally that they will honor my benefits if I submit a letter, but they will not put that in writing. Please advise!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Submitting a Letter of Resignation with a Future Date - Protection of Benefits

    I do not know your manager or your HR Rep, so I have no way of knowing how trustworthy they are. There's no way I can tell you for certain that they will or will not keep their promise to honor the future date of your resignation or to keep your benefits in place until the date that is convenient for you. Since you have already given them unequivocal notice that you will not be returning, they are not required to continue your benefits.

    What I can tell you is that in the absolute worst case scenario you will be eligible for COBRA.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Submitting a Letter of Resignation with a Future Date - Protection of Benefits

    Does it make sense to you OP that your letter of resignation is needed to interview and fill your position? They can do that with or without the letter.

  4. #4

    Default Re: Submitting a Letter of Resignation with a Future Date - Protection of Benefits

    I was told that it is the company's policy that they cannot interview/fill a position without a letter of resignation since FMLA would protect my place with the company. I suggested creating a different title/position for me and then they could fill my "old" position, but they said they couldn't do that either.

    - - - Updated - - -

    Hi cbg,

    Do you mean that because they know my husband has a job opportunity in another state that that equals unequivocal notice? I haven't put anything in writing about what my plans are... If you could clarify what you mean that would be great!

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Submitting a Letter of Resignation with a Future Date - Protection of Benefits

    They could surely interview and screen prospective candidates. Would there be any training necessary to fill your position? If so, there has to be an overlap of you leaving and a new hire.

    But I think the point is that once you submit a LOR the company would be free to terminate you at any time they want. They do not have to wait until the date you specify.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Submitting a Letter of Resignation with a Future Date - Protection of Benefits

    Confused - your husband has definitely accepted the job? You are definitely moving out of state? Is this correct?

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